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UNITED STATES v. CANTU-COX

No. 21-30416, No. 21-30419.

53 F.4th 324 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Mario CANTU-COX, Defendant-Appellant, United States of America, Plaintiff-Appellee, v. Christopher Cantu-Cox, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 14, 2022.

Attorney(s) appearing for the Case

David Howard Sinkman, Kevin G. Boitmann, Diane Hollenshead Copes, Esq., Brandon Scott Long, Assistant U.S. Attorneys, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Samantha Jean Kuhn, Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant Carlos Mario Cantu-Cox in No. 21-30416.

Sarah Lynn Ottinger, Esq., New Orleans, LA, for Defendant-Appellant Christopher Cantu-Cox in No. 21-30419.

Before Clement, Duncan, and Wilson, Circuit Judges.

Carlos and Christopher Cantu-Cox pleaded guilty to a federal drug crime. At sentencing, the district court used information regarding a separate kidnapping to enhance the Cantu-Coxes' sentences. The Cantu-Coxes now appeal, arguing that the use of information about the kidnapping is barred by the Sentencing Guidelines...

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